Metropolitan Life Ins. Co. v. Poole

Decision Date01 July 1941
Citation147 Fla. 686,3 So.2d 386
PartiesMETROPOLITAN LIFE INS. CO. v. POOLE.
CourtFlorida Supreme Court

Rehearing Denied July 31, 1941.

En Banc.

Certiorari to Circuit Court, Dade County; Ross Williams, Judge.

Shutts, Bowen, Simmons, Prevatt & Julian, L. S. Julian and L. S. Bonsteel, all of Miami, for petitioner.

Chappell &amp Brown, of Miami, for respondent.

PER CURIAM.

On writ of certiorari to the Circuit Court in and for Dade County Florida, we review judgment affirming a judgment of the Civil Court of Record in and for Dade County, Florida, in favor of the plaintiff on an insurance policy.

In the court below there were fifteen assignments of error. The first assignment of error challenges the action of the Court in refusing defendant's request for an instructed verdict in favor of the defendant.

The second to ninth, inclusive, assignments of error challenged the propriety of the charges given by the court.

The tenth to fifteenth assignments of error were as follows:

'10. The Court erred in denying the defendant's motion for a new trial in that the Court erred as hereinabove set forth.

'11. The Court erred in denying the defendant's motion for a new trial in that the verdict is contrary to the weight of the evidence.

'12. The Court erred in denying defendant's motion for a new trial in that the verdict was wholly unsupported by the evidence.

'13. The Court erred in entering final judgment for the plaintiff in that the verdict is contrary to the weight of the evidence.

'14. The Court erred in entering final judgment for the plaintiff in that the verdict is wholly unsupported by the evidence.

'15. The Court erred in entering final judgment for the plaintiff in that the verdict is contrary to the law.'

The defense interposed by the insurance company was in effect that the insured had made false answers to questions contained in the application for the policy and set forth wherein such answers were false. The plaintiff interposed replications denying that such answers were made by the applicant for insurance and alleging that the answers were written in the application by the agent of the insurance company without the knowledge of the applicant and that the agent assumed to write such answers, relying upon his own information and without having been advised concerning the facts by the applicant.

The charges complained of were appropriate to the issues made by the pleadings and the evidence. The evidence was conflicting. It is not the province of this Court in reviewing a case on certiorari to go behind the judgment of the court below entered upon conflicting testimony. This case is ruled by our opinion and judgment in the case of New York Life Insurance Co. v. Kincaid, 122 Fla. 283, 165 So. 553, and cases there cited. See also Massachusetts Bonding & Ins. v. Williams, 123 Fla. 560, 167 So. 12.

In the Kincaid case [122 Fla. 283, 165 So. 557], we said:

'It is now contended that Kincaid knowingly made misrepresentations to the company in that he did not disclose all his visits to Dr. Osenback, and what he was treated for each time during the two-year period covered by the questionnaire and that his policies would not have been reinstated if the undisclosed visits and what they revealed had been known to the company. The issue of whether or not Kincaid knowingly made misrepresentations to the company was fully developed by plea, replication, rejoinder, and sur-rejoinder, which we have examined, but do not deem necessary to enlarge on here.

'Even if he failed to make a full disclosure with reference to his insurability, it does not necessarily vitiate his reinstatement. The test is whether or not his answers to the questionnaire were made in good faith, and, as said in the preceding paragraph, this question was squarely presented by the pleadings and was for the jury to determine. Their...

To continue reading

Request your trial
15 cases
  • Metropolitan Life Insurance Company v. Fugate
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • February 28, 1963
    ...In deciding this case, we must deal with Metropolitan Life Ins. Co. v. Madden, 5 Cir., 1941, 117 F.2d 446; Metropolitan Life Ins. Co. v. Poole, 147 Fla. 686, 3 So.2d 386 (1941); Madden v. Metropolitan Life Ins. Co., 5 Cir., 1943, 138 F.2d 708, 151 A.L.R. 984; and Prudential Insurance Compan......
  • Chicken 'N' Things v. Murray
    • United States
    • Florida Supreme Court
    • March 17, 1976
    ...In common law certiorari proceedings, findings of fact in the lower court are ordinarily conclusive. Metropolitan Life Insurance Co. v. Poole, 147 Fla. 686, 3 So.2d 386 (1941) ('It is not the province of this Court in reviewing a case on certiorari to go behind the judgment of the court bel......
  • Rhodes v. Metropolitan Life Ins. Co.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • March 31, 1949
    ...708, 151 A.L.R. 984, a later appeal from an instructed verdict for the defendant, we held, on the authority of Metropolitan Life Ins. Co. v. Poole, 147 Fla. 686, 3 So.2d 386, a case decided since our former opinion, that the law of Florida was different from that we had formerly declared. S......
  • Prudential Ins. Co. of America v. Whittington
    • United States
    • Florida District Court of Appeals
    • November 15, 1957
    ...or federal courts as to the correct and applicable Florida rule. On July 1, 1941 the Supreme Court of Florida decided Metropolitan Life Ins. Co. v. Poole, footnote 7, supra. This case involved nothing more than the situation where the applicant in response to a defense that false answers ha......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT